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Original Islam : Malik and the Madhhab of Madina - Yasin Dutton

Original Islam

Malik and the Madhhab of Madina

Hardcover Published: 10th October 2006
ISBN: 9780415338134
Number Of Pages: 219

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Original Islam investigates the primacy of Madinan Islam and the madhhab (school of law) of its main exponent, Malik ibn Anas. It contains an annotated translation of Intisar al-faqir al-salik li-tarjih madhhab al-Imam al-kabir Malik, which was written by al-Ra'i, a fifteenth-century Andalusian scholar resident in Cairo.

This book includes:

  • a comprehensive section on the scholarly credentials of the great eighth-century Madinan jurist Malik ibn Anas

  • a detailed examination of a number of theoretical and practical disputed legal issues

  • examples of the inter-madhhab rivalry and prejudice prevalent in fifteenth-century Cairo

  • an extensive introduction giving background information on al-Ra'i and his life and times.

It also highlights the significance of the text for contemporary Muslim discourse, in which both modernist and fundamentalist elements often equate the concept of madhhab with an outmoded tradition which must be rejected as irrelevant to the practice of Islam in a globalized world. This book aims to put this ongoing controversy about madhhab, particularly the Maliki madhhab and its pre-madhhab Madinan origins, on a surer footing. Original Islam provides access to a hitherto little known area of Islamic law and is essential reading for those with interests in this area.

Acknowledgementsp. xi
Notes on the textp. xii
Introductionp. 1
The madhhabs todayp. 2
Al-Ra'i and his Intisarp. 5
The author of the Intisarp. 7
Al-Ra'i's early lifep. 7
Al-Ra'i in Cairop. 9
Al-Ra'i's booksp. 10
The Intisar and its significancep. 12
The reason for writing the Intisarp. 12
The book's significancep. 13
The rise of the madhhabsp. 14
Al-Shafi'i's influencep. 16
A note on the translationp. 19
Translation of al-Ra'i's Intisarp. 21
Author's introductionp. 23
On giving preference to Malik, may Allah have mercy on him and be pleased with himp. 26
The hadith of the Prophet about the 'alim of Madinap. 28
The hadith of the Prophet about "the people of the West"p. 32
The testimony of the other three imams about Malikp. 34
Abu Hanifa's praise of Malikp. 34
Al-Shafi'i's praise of Malikp. 35
Ahmad ibn Hanbal's praise of Malikp. 37
Malik's special qualitiesp. 39
Testimonies to Malik's learningp. 41
Malik's respect for knowledgep. 43
Further testimonials to Malik's knowledge and characterp. 44
Why the people of the West follow Malikp. 48
Selections from Abu Nu'aym's Hilyap. 49
Two dreams about Malik in Ibn Hajar's Tawali al-ta'sisp. 50
Al-Qarafi on Malik's special qualitiesp. 50
An unlikely karama attributed to Malikp. 51
Selections from al-Yawaqit al-murassa'ap. 52
Malik's care in relating hadithp. 53
Selections from al-Ghafiqi's Musnad Hadith Muwatta' Malikp. 53
Malik's deathp. 55
Three dreams about Malik in al-Nawawi's Tahdhib al-asma'p. 56
Further selections from Abu Nu'aym's Hilyap. 57
Selections from al-Shirimsahi's Nazm al-durr and other sourcesp. 61
Further selections from Qadi 'Iyad's Madarikp. 66
On giving preference to the madhhab of Imam Malik, may Allah have mercy on him, and the sources on which it is basedp. 68
The authoritativeness of Madinan 'amalp. 69
Al-Mansur and the compilation of the Muwatta'p. 73
Asad ibn al-Furat's study of the madhhab of Malikp. 74
Qadi 'Iyad on the consensus (ijma') of the people of Madinap. 77
Ibn Rushd on sales with conditions (al-bay' wa-l-shart)p. 84
Al-Shirimsahi on the 'amal of Madinap. 85
Sales by list of contents (al-bay' 'ala l-barnamaj)p. 88
The invalidity of khiyar al-majlisp. 89
The principle of sadd al-dhara'i' (blocking the means)p. 90
Rational proofs for giving preference to the madhhab of Malikp. 91
Some anecdotesp. 97
A poem in praise of the Maliki madhhabp. 97
Malik's letter to al-Layth ibn Sa'd about the 'amal of the people of Madinap. 100
Al-Layth's reply to Malik's letter about the 'amal of the people of Madinap. 100
Some points of difference which are frequently mentioned between the proponents of the other madhhabs which indicate that one should give preference to the madhhab of Iman Malik, may Allah have mercy on him p. 102
The purity of waterp. 102
Is semen pure or not?p. 104
The purity of dogsp. 107
An anecdote concerning a certain Shafi'ip. 113
The praiseworthy characteristics of dogsp. 114
Fasting being broken by something getting into the bodyp. 115
Wiping the head when doing wudu'p. 115
Repeating the takbir in the adhanp. 116
Should the basmala be recited when doing the prayer?p. 118
The difference of opinion regarding recitation behind an imamp. 126
Someone doing a fard prayer praying behind someone doing a nafl prayerp. 128
Some examples of the prejudice that I have seen and heard from the proponents of other madhhabs which led to the writing of this bookp. 130
Prejudice on the part of some Shafi'i scholarsp. 130
The basis for saying that a mutilated slave is freep. 131
Doing the prayer behind a Maliki imam who does not recite the basmalap. 132
How the adhan should be donep. 134
A Shafi'i's objection to a Maliki leading the prayerp. 135
Denial of the accusation that Ashhab wounded al-Shafi'ip. 137
What Ibn Hajar said in his Manaqib al-Laythp. 139
Prejudice on the part of some Hanafi scholarsp. 143
Further examples of the prejudice of some Shafi'isp. 145
Examples of the fairness of some Shafi'i scholars towards the Maliki madhhabp. 147
Some grammatical points where many specialists make mistakesp. 150
Wudu' and wadu'p. 150
Dhikr and dhikrap. 151
Ghusl and ghaslp. 151
Akl and uklp. 151
Kuhl and kahlp. 151
Reasons why the way many mu'adhdhins call the adhan is kufrp. 151
The common error regarding the pronunciation of the word mi'ap. 154
Notesp. 156
Glossaryp. 184
Biographical notesp. 188
Bibliographyp. 209
Arabic sourcesp. 209
European-language sourcesp. 213
Indexp. 217
Table of Contents provided by Ingram. All Rights Reserved.

ISBN: 9780415338134
ISBN-10: 0415338131
Series: Culture and Civilization in the Middle East
Audience: Tertiary; University or College
Format: Hardcover
Language: English
Number Of Pages: 219
Published: 10th October 2006
Country of Publication: GB
Dimensions (cm): 23.57 x 16.61  x 1.83
Weight (kg): 0.49
Edition Number: 1